Notice2022-19193
Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of common alloy aluminum sheet (aluminum sheet), from the People's Republic of China (China) during the period of review (POR) January 1, 2020, through December 31, 2020.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 171 (Tuesday, September 6, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54462-54463]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19193]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-074]
Common Alloy Aluminum Sheet From the People's Republic of China:
Final Results of Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of common alloy aluminum sheet (aluminum sheet), from the People's
Republic of China (China) during the period of review (POR) January 1,
2020, through December 31, 2020.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Harrison Tanchuck,
AD/CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1240 or (202)
482-7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on March 4, 2022, and we invited
comments from interested parties.\1\ On April 8, 2022, we received
timely case briefs from the following interested parties: Jiangsu Alcha
Aluminium Co., Ltd. (Jiangsu Alcha) and its affiliated trading company
Alcha International Holdings Limited (Alcha International); \2\ Yinbang
Clad Material Co., Ltd. (Yinbang Clad); \3\ and the domestic
industry.\4\ Jiangsu Alcha and Alcha International, jointly, and the
domestic industry submitted timely filed rebuttal briefs on April 22,
2022.\5\
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Preliminary Results of Countervailing Duty Administrative
Review; 2020, 87 FR 12429 (March 4, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Jiangsu Alcha and Alcha International's Letter, ``Common
Alloy Aluminum Sheet from the People's Republic of China: Case
Brief,'' dated April 8, 2022. The ``Alcha Group'' companies include
Jiangsu Alcha, Alcha International and Jiangsu Alcha's cross-owned
affiliates Baotou Alcha Aluminium Co., Ltd. (Baotou Alcha) and
Jiangsu Alcha New Energy Materials Co., Ltd. (Alcha Materials).
Jiangsu Alcha reported that, in 2018, Jiangsu Alcha changed its name
from ``Jiangsu Alcha Aluminium Co., Ltd.'' to ``Jiangsu Alcha
Aluminium Group Co., Ltd.'' See Alcha Group's Letter, ``Common Alloy
Aluminum Sheet from the People's Republic of China: Alcha Group's
Initial Questionnaire Response,'' dated July 8, 2021, at 4. See also
Alcha Group's Letter, ``Common Alloy Aluminum Sheet from the
People's Republic of China: Alcha Group's Sixth Supplemental
Questionnaire Response,'' dated March 23, 2022 (Alcha Group 6SQR),
at 1-4. After the Preliminary Results, the Alcha Group explained the
spelling inconsistencies in Jiangsu Alcha and Baotou Alcha's company
names throughout the record. For example, the narrative portions of
Alcha Group responses and corresponding English translations of
Chinese-language exhibits referred to Jiangsu Alcha as ``Jiangsu
Alcha Aluminium Co., Ltd.'' and ``Jiangsu Alcha Aluminium Group Co.,
Ltd.'' interchangeably. These responses also referred to Baotou
Alcha as ``Baotou Alcha Aluminum Co., Ltd.'' and ``Baotou Alcha
Aluminium Co., Ltd.'' interchangeably. According to Alcha Group
6SQR, the official English company names are Jiangsu Alcha Aluminium
Group Co., Ltd., Alcha International Holdings Limited, Baotou Alcha
Aluminium Co., Ltd. and Jiangsu Alcha New Energy Materials Co., Ltd.
\3\ See Yinbang Clad's Letter, ``Common Alloy Aluminum Sheet
from the People's Republic of China: Yinbang's Case Brief,'' dated
April 8, 2022.
\4\ See Domestic Industry's Letter, ``Common Alloy Aluminum
Sheet from the People's Republic of China: Domestic Industry's Case
Brief,'' dated April 8, 2022. The domestic industry includes the
Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement
Working Group and its individual members (collectively, the domestic
industry). The individual members of the Aluminum Association Common
Alloy Aluminum Sheet Trade Enforcement Working Group are: Arconic
Corporation; Commonwealth Rolled Products, Inc.; Constellium Rolled
Products Ravenswood, LLC; Jupiter Aluminum Corporation; JW Aluminum
Company; and Novelis Corporation.
\5\ See Jiangsu Alcha and Alcha International's Letter, ``Common
Alloy Aluminum Sheet from the People's Republic of China: Rebuttal
Brief,'' dated April 22, 2022; see also the Domestic Industry's
Letter, ``Common Alloy Aluminum Sheet from the People's Republic of
China: Domestic Industry's Rebuttal Brief,'' dated April 22, 2022.
---------------------------------------------------------------------------
On June 24, 2022, Commerce extended the deadline for issuing these
final results to 180 days after the publication date of the Preliminary
Results, until August 31, 2022.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Common Alloy Aluminum Sheet from the
People's Republic of China: Extension of Deadline for Final Results
of Countervailing Duty Administrative Review; 2020,'' dated June 24,
2022.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is aluminum sheet from China. A
full description of the scope of the Order is contained in the Issues
and Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Common Alloy Aluminum Sheet from the People's Republic of China;
2018-2019,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum accompanying this notice. A list of
topics discussed in the Issues and Decision Memorandum is provided in
Appendix I to this notice. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on comments in case and rebuttal briefs and record evidence,
Commerce made certain changes with respect to the methodology used in
the Preliminary Results to calculate Alcha Group's program rate for the
Government Provision of Primary Aluminum for Less than Adequate
Remuneration program. We made no changes for Yinbang Clad. These
changes are discussed in the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each subsidy program found to be countervailable, Commerce finds
that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers benefit to the recipient, and that the
subsidy is specific.\8\ For a full description of the methodology
underlying our conclusions, including our reliance, in part on adverse
facts available (AFA) pursuant to section 776(a) and (b) of the Act,
see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
[[Page 54463]]
Final Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated a
countervailable subsidy rate for mandatory respondents Jiangsu Alcha
and Alcha International. We determined the countervailable subsidy rate
for Yinbang Clad based entirely on AFA, in accordance with section 776
of the Act. Because there are no other producers or exporters subject
to this review and not selected for individual examination (i.e., non-
selected companies), Commerce does not need to establish the rate for
non-selected companies in this review.
Commerce determines that, for the period January 1, 2020, through
December 31, 2020, the following net countervailable subsidy rates
exist:
---------------------------------------------------------------------------
\9\ This rate applies to Jiangsu Alcha and its cross-owned
companies: Baotou Alcha and Alcha Materials.
\10\ We cumulated the benefits from subsidies received by Alcha
International, which exported subject merchandise produced by
Jiangsu Alcha, to the United States during the POR, with the
benefits from subsidies received by Jiangsu Alcha, during the POR in
accordance with 19 CFR 351.525(c). For further discussion, see the
Issues Decision Memorandum at ``Attribution of Subsides.''
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Jiangsu Alcha Aluminium Co., Ltd.\9\/Alcha International 17.80
Holdings Limited \10\..................................
Yinbang Clad Material Co., Ltd.......................... * 252.22
------------------------------------------------------------------------
* Rate based on AFA.
Disclosure
Commerce will disclose to the parties in this proceeding the
calculations performed for these final results within five days of the
date of publication of this notice in the Federal Register.\11\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Assessment Rates
Pursuant to sections 751(a)(1) and (a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise covered by this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results of
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Instructions
Pursuant to section 751(a)(1) and (a)(2)(C) of the Act, Commerce
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies listed
above on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review. These cash deposit
instructions, when imposed, shall remain in effect until further
notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: August 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Scope of the Order
V. Subsidies Valuation
VI. Loan Interest Rate Benchmarks, Discount Rates, and Benchmarks
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the Export Buyer's Credit (EBC) Program
Comment 2: Whether Commerce Should Make Certain Revisions to its
Calculation of the Benchmark for Primary Aluminum for Less Than
Adequate Remuneration (LTAR)
Comment 3: Whether Commerce Should Use Distinct Benchmarks to
Calculate the Benefit from Primary Aluminum for LTAR Provided to
Jiangsu Alcha and Baotou Alcha
Comment 4: Whether Commerce Should Assign an AFA Rate for Policy
Loans to the Aluminum Sheet Industry to Baotou Alcha
Comment 5: Whether Commerce Should Revise Baotou Alcha's Benefit
Calculation for Policy Loans to the Aluminum Sheet Industry
Comment 6: Whether Commerce Should Modify the Total AFA Rate
Applied to Yinbang Clad
X. Recommendation
[FR Doc. 2022-19193 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 6, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.